Susan Bird Winbun left her
five week old twins with their father while
she went to work on April 13, 2008. When she returned
to get them,
she could not get an answer at the door. She left,
thinking he had
taken the children and gone some where. When she
returned once
again, she noticed that the television and a gas
fireplace were both on
and she got a little scared, since she knew he
was an alcoholic.
Susan called the police and they were able to get
a response from
David Yates who told them that he had dropped the
children off at a
friends house. Susan knew that her husband had
an alcohol problem
and that he was under the care of a psychiatrist
and taking medication to control behavior problems. In addition to this
information, Susan
knew that David had a conviction for abusing her
while she was
pregnant with their twin children. He was also
suspected of trying to
have Susan killed while she was pregnant. As well
as that information,
David had been reported to have been violent in
other relationships. In spite of all of this knowledge, she said:
“If I had thought the kids weren't safe
with David
I would not have had them there"
Susan wasn't known for making the best choices in
her life. In 2002, she and John Winburn were arrested on multiple drug
dealing charges and they had involved a 16 year old foster child in their
dealings. A
17 year old boy was questioned by police after
being found with
drugs and that lead to a search of her home which
turned up bags
containing marijuana and an electronic scale. John
was convicted of
selling to a 15 year old minor who was in the house
and Susan was convicted of selling marijuana to the 17 year old. Charges
that they
had used the 16 year old foster child to sell drugs,
were dismissed.
Susan had two other children who were four and six
at that time. She
said that she only left the twins with their father
when she had to
work and if she had known he could hurt them, she
never would have
left them there. David had plead guilty to one
count of misdemeanor
domestiv abuse in February and was convicted. He
was sentenced to
12 months in jail, though that sentence was withheld,
for jamming a
finger into Susan's eye, slapping her, pushing
her onto the couch and
grabbing her throat.
David was getting counceling as part of his plea
agreement, he had
never shown any signs of abuse towards Susan's
other children during
the three years they had been dating.
Gib Bird, Susan's father, said that the twins had
been born six weeks
early, but, they seemed to be developing properly
and they appeared
to be well cared for. He said that Savannah had
just begun to smile
and that Tyler was becoming more alert:
"Susan and her boys loved those kids. They
were
precious to all of us"
Savannah and Tyler were the second set of twins
Susan had been
pregnant with, that would die. Twins born to her
in the late 90's were
14 weeks early and died of natural causes at five
days old. Gib said
that he had little contact with Susan and that
their relationship over
the years had been an up and down thing.
An autopsy performed on Tyler and Savannah showed
that both of
the twins died of intentional, massive injuries.
Pathologist Robert
Corliss said the cause of death was blunt force
trauma to their little
heads. The head and chest injuries they suffered
could only have been ruled an accident if they had been in a car accident
where the car had
rolled several times. Robert Corliss also said
that the injuries to the
babies were consistent with someone holding them
by their chests
and striking them against something hard.
In July of 2005, David Yates appeared in court with
his lawyer, Paul Polacek, through video, where the deaths of Tyler and
Savannah were ruled to have NOT been accidents. A Pathologist said
that the injuries they suffered to their heads and chests were not accidents,
during the preliminary hearing. Sauk County District Attorney Patricia
Barrett presented evidence that David should go on trial for two counts
of first degree murder.
Mike Pichler testified that a search of the house
lead to finding the two babies under the bed, nearly lying on top of each
other. Mike had seen a tiny foot just outside the dust ruffle on the bed
and when he bent down and touched the foot, it was cold.
Sauk County District Attorney Patricia Barrett said
that Tyler and
Savannah died of blunt force trauma after being
hit into or against
something hard. Savannah suffered five different
traumas from the
hits. She had a skull fracture and contusions over
her body. Tyler
had suffered three areas of head trauma, a fractured
skull, broken ribs, bruising on his heard, bleeding in his lungs and a
foot injury. While she didn't specify HOW he had injured the babies,
she did say that she was confident the injuries were inflicted upon them
by David
Yates. A door was taken from his home, as evidence
and Patricia
Barrett wouldn't say why. She also said she was
waiting for autopsy
results to know exactly when the babies had died.
After spending two nights in St Clare Hospital for
an unnamed
medical condition, David Yates was sent to
jail. Patricia Barrett had
requested a $1 million dollar bond be set since
David had convictions
for domestic battery, carrying a concealed weapon
and bail jumping.
"We have been advised that he has frequently
spoken
to Winbun of leaving the United States, going
to
the Caribbean and selling time shares,"
Paul Polacek informed the judge that David was unable
to pay $1
million dollars and asked for a reduction to $10,000.
which was
granted by the Judge Guy Reynolds. David would
have to wear an
electronic tracking bracelet on his ankle and check
in daily with the
Sheriff's department. The judge also ordered that
David surrender his
passport and not have contact with children under
the age of 16.
Before the hearing started, Paul Polacek has requested
that the court
make sure that David would receive his prescription
behavioral health
medications, claiming that earlier that week he
had not received it and his mental condition had deteriorated. After he
received medication, Paul Polacek said he saw a difference:
"a marked improvement in his understanding
of what
I'm saying and he does understand his rights."
David Yates has been arrested since the deaths of
his children, on
unrelated parole violations. He was sentenced to
three years in prison
for those charges. The trial for his double homicide
of Tyler and
Savannah will begin in February of 2009. Baraboo
Patrol Officer Mike Pichler testified that he had been called to the home
of David Yates
after the mother of the twins called and said he
would not answer the
door.
 .....
Tyler & Savannah
Updates:
On July 29, 2008, David Yates, who was 46 yeard
old, plead not guilty to the charges that he had killed his children. David
was held
over on $1. million dollars bond.
In November of 2008 it was announced that the prosecutor
wanted to
be able to use a witness who said she could testify
that David Yates
had tried to hire someone to "take out" Susan while
she was pregnant.
District Attorney Patricia Barrett also asked the
court to allow at least
seven witnesses who could testify about the violent
and drug related
past of David.
At least two doctors and one nuse practitioner are
expected to testify
about how David had overdosed on his medications
and had also
mixed them. David was taking medications for mental
heath issures.
On January 6, 2009, David Yates allowed his lawyer
to withdraw from the case because he didn't want to plead insanity to the
charges of first degree intentional homicide. The trial was supposed to
start in February and has now been delayed until June 20, 2009.
On January 22, 2009, David got a new lawyer, David
Geier. His trial
date was left for June 20, 2009 and it is expected
to last for about
two weeks.
For information about preventing child abuse in the
state of Wisconsin, click the links below. If they can't help you, ask
for someone who can. NEVER give up looking for help for an abused
child!
Call this number to report
child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453
  
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